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Ordinance 2022-4479 ORDINANCE NO. 2022-4479 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 2, ENTITLED "RESIDENTIAL PARKING PERMITS," BY AMENDING SECTION 106-84 THEREOF, ENTITLED "EXEMPTIONS," BY EXEMPTING MOTOR VEHICLE OWNERS OR OPERATORS WITH VALID DISABLED PERSON OR DISABLED VETERAN LICENSE PLATES, OR DISABLED PERSON PARKING PERMITS, FROM THE FEE REQUIREMENTS ASSOCIATED WITH THE APPLICATION AND ISSUANCE OF RESIDENTIAL PARKING AREA PERMITS;AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is a small barrier island nestled between Biscayne Bay (on the west) and the Atlantic Ocean (on the east); and WHEREAS, the City only has approximately 90,000 residents and fifteen (15) square miles of land within its territorial jurisdiction; and WHEREAS, despite its small size, the City of Miami Beach is an internationally- renowned tourist destination; and WHEREAS, due to its domestic and international popularity as an art and cultural, resort, shopping, and entertainment destination, the City hosts thousands of visitors (including many "day-trippers") each and every day of the year; and WHEREAS, due to its density and small geographic area, there is limited residential parking within the City; and WHEREAS, the Miami Beach City Commission previously created residential parking permit areas (meant for the benefit of City residents who reside in such areas), and there are presently twenty(20) such residential parking permit areas (or"zones") in the City; and WHEREAS, there is a statewide (and national) problem concerning the fraudulent and illegal acquisition and usage of disabled person license plates and parking permits; and WHEREAS, the rampant use (and misuse) of disabled person license plates and parking permits within the City's residential parking permit areas (by individuals not residing in such residential parking permit areas) has directly led to many City residents often being unable to find any available parking space within their designated residential parking zone; and WHEREAS, on January 10, 2022, the topic of disabled parking permit abuse in the City was discussed at the Transportation, Parking and Bicycle-Pedestrian Facilities Committee (the "TPBPF Committee") meeting, and the TPBPF Committee unanimously • passed a motion strongly recommending that the City issue zone-specific residential parking permits to those City residents possessing a valid, disabled person license plate or permit; and WHEREAS, at the Disability Access Committee ("DAC") meeting held on January 18, 2022, the DAC discussed the disabled parking permit issue and, although no formal vote was taken due to lack of quorum based upon pending appointment/re-appointment paperwork, the DAC members present verbally communicated their support for this initiative and the proposed Ordinance amendment; and WHEREAS, the Mayor and City Commission find that this issue concerning the lack of available parking for City residents within their respective residential parking permit areas is caused, in substantial part, by vehicle owners or operators parking vehicles in residential parking permit areas (in which they do not live) throughout the City merely by virtue of displaying a disabled person license plate or parking permit, or a disabled veteran license plate; and WHEREAS, the Mayor and City Commission desire to adopt the following amendment (which has been recommended by the City's Parking Department) to address, and hopefully remediate, the ongoing issue concerning the lack of available parking for City residents, and especially residents with disabilities, within their respective residential parking permit areas/zones. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the section of the City's Exemptions to Residential Parking Permits, as such Ordinance is codified in section 106-84 of the City Code, be amended as follows and as hereinafter set forth below: CHAPTER 106 TRAFFIC AND VEHICLES ARTICLE II. METERED PARKING * * * DIVISION 2, RESIDENTIAL PARKING PERMITS * * * Sec. 106-84. Exemptions. Vehicles Motor vehicle owners or operators with valid handicapped disabled person license plates issued by the department of motor vehicles and displaying the internationally accepted wheelchair symbol, handicapped disabled person parking permits, or disabled veteran motor vehicle license plates shall be ace exempt from the fee requirements associated with the application and issuance of residential parking area permits, as set forth in subsections 106-79(b) and 106-79(c)of this division. 2 SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remaindershall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the /f day of ArCA , 2022 PASSED AND ADOPTED this 9 day of 'bra' 2022. ATTEST:/ 4, i . I MAR 1 4 2022�Dan Gelber, Mayor Rafael E. Gr=nado, City Clerk (Sponsored by Commissioner Mark Samuelian and co-sponsored by Vice Mayor Kristen Rosen Gonzalez, Commissioner Alex J. Fernandez, and Commissioner David Richardson) Underline denotes additions _\�rn!....Eq'' Strikethreugh denotes deletions Double underline denotes additions after First Reading I denotes deletions after First Reading INCORPIORATED; •..41) �CH..26 ` . APPROVED AS TO FORM &LANGUAGE, &FOR EXECUTION a--•�--Z.2� City Attorney . / D 3 • Ordinances-R5 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: March 9, 2022 10:40 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 2, ENTITLED "RESIDENTIAL PARKING PERMITS," BY AMENDING SECTION 106-84 THEREOF, ENTITLED "EXEMPTIONS," BY EXEMPTING MOTOR VEHICLE OWNERS OR OPERATORS WITH VALID DISABLED PERSON OR DISABLED VETERAN LICENSE PLATES, OR DISABLED PERSON PARKING PERMITS, FROM THE FEE REQUIREMENTS ASSOCIATED WITH THE APPLICATION AND ISSUANCE OF RESIDENTIAL PARKING AREA PERMITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A. FINANCIAL INFORMATION Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Trackina Office of the City Attorney • Page 306 of 874 Sponsor Commissioner Samuelian and Co-sponsored by Commissioners Rosen Gonzalez, Fernandez, and Richardson ATTACHMENTS: Description o Commission Memorandum o Ordinance Page 307 of 874 • Jt\/\ AM BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael A. Paz, City A Second Reading/Public Hearing DATE: March 9, 2022 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION 2, ENTITLED "RESIDENTIAL PARKING PERMITS," BY AMENDING SECTION 106-84 THEREOF, ENTITLED "EXEMPTIONS," BY EXEMPTING MOTOR VEHICLE OWNERS OR OPERATORS WITH VALID DISABLED PERSON OR DISABLED VETERAN LICENSE PLATES, OR DISABLED PERSON PARKING PERMITS, FROM THE FEE REQUIREMENTS ASSOCIATED WITH THE APPLICATION AND ISSUANCE OF RESIDENTIAL PARKING AREA PERMITS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Currently, the City Code allows any person with a disabled person license plate or permit — resident or non-resident alike — to park in all 20 non-metered residential parking permit zones throughout the City, without having to comply with any of the City's parking code requirements, such as proof of residency within a residential parking permit zone, payment of the annual parking permit fee, and the like. The broad exemption from the City's parking requirements is available to any person displaying a disabled person or disabled veteran license plate, or a disabled person parking permit. Although the underlying policy rationale for the City's current policy reflects the City Commission's strong values and leadership on accessibility issues for the benefit of the disabled community, regrettably, the fraudulent and illegal acquisition and use of disabled person license plates and parking permits has become a statewide(and national)problem. The rampant misuse of disabled person license plates and parking permits within the City's residential parking permit areas, by individuals who are not disabled and do not reside in the City or in any residential parking zone, has directly led to many City residents often being unable to find any available parking space within their designated residential parking zone, particularly in the South of Fifth neighborhood. The proposed Ordinance, which is sponsored by Commissioner Mark Samuelian and co- sponsored by Vice Mayor Kristen Rosen Gonzalez, Commissioner Alex Fernandez, and Commissioner David Richardson,would amend Section 106-84 of the City Code to limit the overly broad scope of the current exemption, and provide that City residents possessing valid disabled person or disabled veteran license plates, or disabled person parking permits, shall be exempt from all fees associated with the application and issuance of a residential parking permit for the residential parking area(or"zone")of the City in which they reside, but would otherwise be subject Page 308 of 874 Commission Memorandum— Ordinance Amending Sec. 106-84 re: Disabled Parking in Residential Zones March 9, 2022 Page 2 to the City's parking requirements with respect to parking in a non-metered residential parking permit zone, including proof of residency within the residential parking permit zone, as the City's 20 residential parking zones were established specifically for the benefit of City residents who reside in such areas. The proposed Ordinance seeks to remediate the ongoing issue concerning the lack of available parking for City residents within their respective residential parking permit areas/zones that is caused, in substantial part, by vehicle owners or operators parking vehicles in residential parking permit areas (in which they do not live) throughout the City, merely by virtue of displaying a disabled person or disabled veteran license plate, or a disabled person parking permit. On January 10, 2022, the topic of disabled parking permit abuse in the City was discussed at the Transportation, Parking and Bicycle-Pedestrian Facilities Committee (the "TPBPF Committee") meeting, and the TPBPF Committee unanimously passed a motion strongly recommending that the City issue zone-specific residential parking permits to those City residents possessing a valid, disabled person license plate or permit(see LTC No.027-2022,attached and incorporated hereto as Exhibit"A"). Additionally, at its meeting on January 18, 2022, the Disability Access Committee ("DAC") also discussed the disabled parking permit issue and, although no formal vote was taken due to lack of quorum at that meeting, the DAC members present verbally communicated their support for this initiative and the proposed Ordinance (see Public Works Department Memorandum dated, January 19, 2022, attached and incorporated hereto as Exhibit"B"). Moreover,the City's Parking Department recommends that the Mayor and City Commission adopt the proposed amendment to remediate the ongoing issue concerning the lack of available parking for City residents, and especially residents with disabilities within their respective residential parking permit areas/zones. The proposed Ordinance was unanimously approved without any modification(s) by the Mayor and City Commission at first reading on February 9, 2022, and will now be considered upon second reading/public hearing at the March 9, 2022 City Commission meeting. RAP/RFR/MAF/bhs Page 309 of 874 DocuSign Envelope ID:8B291B1C-0144-4976-B0F8-0ED014C1EF26 MIAMIBEACH OFFICE OF THE CITY MANAGER NO.LTC# 027-2022 LETTER TO COMMISSION TO: Honorable Mayor Dan Gelber nd ers of the City Commission FROM: Alina T. Hudak, City Manag r DATE: January 24, 2022 SUBJECT: TPBPF Committee Motion—Handicap Placards in Residential Zones The purpose of this Letter to Commission is to provide you with correspondence received from the Transportation, Parking & Bicycle-Pedestrian Facilities Committee. EC/MB C: Mark Taxis, Assistant City Manager Eric Carpenter, Assistant City Manager Lester Sola, Assistant City Manager Monica Beltran, Parking Director Alberto Ventura, Assistant Parking Director Jose Gonzalez, Transportation Director EXHIBIT "A" Page 310 of 874 DocuSign Envelope ID:8B291B1C-0144-4976-30FB-0ED014C1EF26 • t` etlp a. ate-Jfi, Ya > iq £ (1�u- c - Marc Edelstein,Chairman TO: Honorable Mayor Dan Gelber and Members of the City Commission Al Feola,Vice-Chair FROM: Transportation, Parking &Bicycle-Pedestrian Facilities Committee Members: DATE: January 24, 2022 Carolina Bolado Dean Campbell Cynthia Esquivel SUBJECT:Handicap Placards in Residential Zones Matthew Gultanoff Patricia Henao Members Present: Carolina Bolado;Marc Edelstein;Al Feola;Cynthia Esquivel;Linda Kolko;Linsey Linda Kolko Lovell;Amy Rabin;Patricia Henao and Matthew Gultanoff Linsey Lovell JP Morgan Members Absent:JP Morgan;Esteban Porcelli;and Dean Campbell Esteban Porcelli Amy Rabin Dear Honorable Mayor and City Commission: The Transportation, Parking and Bicycle-Pedestrian Facilities Committee (TPBPFC) held its hybrid meeting on January 10rh, 2022 and again discussed the issue of handicap placard abuse. The Committee unanimously passed the below motion regarding the use of handicap parking placards in residential zones. The TPBPFC strongly recommends that residents with handicap parking placards, be required to obtain a residential permit that is to be residential zone specific. As an advisory Committee,we strongly request your consideration on the above motion. Sincerely, Transportation, Parking&Bicycle-Pedestrian Facilities Committee Page 311 of 874 vueuaiyn CI Ivewpe iv.eace0000-N04uw000-07cu-1,cL.Cl.,Z.3oycw PUBLIC WORKS DEPARTMENT Tel:305-673-7080,Fax:305-673-7028 January 19, 2022 MEETING OF THE DISABILITY ACCESS COMMITTEE ON JUANUARY 18, 2022 RE: ABUSE OF DISABLED PARKING PERMITS ON RESIDENTIAL ZONES Dear Commissioner Samuelian, On January 18, 2022, the Disability Access Committee discussed the proposed amendments to the existing Ordinance on addressing Disabled Parking in Residential Zones being discussed in the February 9, Commission agenda. Eleven (11) of the fourteen (14) members were present at the meeting, however there was no quorum for official voting due to pending paperwork related to their recent appointments/re-appointments. This letter is to communicate that the members verbally showed their support of the City's efforts to curb the abuse of disabled parking permits in residential neighborhoods by requiring a residential parking permit to be used in residential parking spaces. This item was discussed with Parking Director Monica Beltran, several representatives of the Police Department including Chief Clements, Major Doce, Sgt Price, and South of Fifth resident David Suarez. DS DS r - Vitt PRKNM We ore committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic community.